Chief Ujile D. Ngere & Anor V. Chief Job William Okuruket ‘xiv’ & Ors (2014)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

In the Notice of Motion filed on the 28th day of June, 2013 and brought under section 233(3) of the Constitution, section 27(1) and (2) of the Supreme Court Act, Order 2 Rules 28(1), (4) and 31, Order 6 Rule 2(1) and Order 8 Rule 4 of the Supreme Court Rules, and under the inherent jurisdiction of this Honourable Court the applicants pray for the following:

1. An order enlarging the time within which the applicants may seek leave to appeal on grounds of facts and/or mixed law and facts, against the judgment of the Court of Appeal, delivered on the 7th day of July, 1994.
2. An order granting the applicants leave to appeal against the judgment on grounds of facts and/or mixed law and facts:
3. An order enlarging time within which the applicants are to appeal against the judgment.
4. Such further orders as this Honourable Court may deem fit to make in the circumstances of this case.

In support of the application is a 40 paragraph affidavit filed on the 28th day of June, 2013, deposed to by the first applicant. Annexed to it are seven documents marked Exhibits BO1, BO2, BO3, BO4, BO5, BO6 and BO7. A 13 paragraph further affidavit filed on the 20th day of September 2013, deposed to by A. B. Ige Esq., a legal Practitioner in chambers of learned counsel for the applicants.

Opposing the application, learned counsel for the respondents filed a 20 paragraph counter-affidavit on the 31st day of July 2013, deemed properly filed and served on the 18th day of February 2014. It was deposed to by D. Ibegbu Esq., a legal Practitioner in chambers of learned counsel for the respondents.

Annexed to the counter-affidavit are documents marked Exhibits R1-R6.

This application is brought about nineteen years after judgment was delivered by the Court of Appeal on the 7th day of July, 1994.

At the hearing of the application on the 18th day of February 2014 learned counsel for the applicants,

Mr. O. Akoni, SAN adopted his brief filed on the 28th day of June, 2013 and his reply brief filed on the 18th day of February 2014.

Learned counsel for the respondents Chief Udechukwu, SAN adopted his brief deemed duly filed and served on the 18th day of February 2014.

In amplification of their briefs, learned counsel for the applicants explained the delay in filing this application. He submitted that the real issue in the appeal is jurisdiction. Learned counsel for the respondents vigorously opposed the application. He referred to paragraph 4 of his counter-affidavit for the reason why this application should not be granted.

The facts are these.

Ngo is a village in present day Rivers State. In 1970 it had serious problems selecting its village Head. The Chiefs found it very difficult to make a unanimous choice, and so the Government of the now defunct South Eastern State of Nigeria, which included Rivers State appointed, Mr. E. A. Udoh, as sole Commissioner to enquire into the Ngo Village Headship dispute. After hearing from, all sides the Sole Commissioner produced a Report in 1972. The Report is titled, “Report of Enquiry into Ngo Village Headship Dispute”. In that Report the sole Commissioner recommended to the Government of the South Eastern state that it recognize the 1st applicant’s predecessor as the right person to be made village Head (i.e. the Okan Ama of Ngo.) The Government accepted the Report of the Sole Commissioner. The respondents did not accept the Report. After a considerable length of time the respondents as plaintiffs filed suit No.BHC/41/86. In that suit they claimed the following:

(i) A declaration that the Chieftaincy stool of Okan Ama of Ngo Town exists as the known traditional title.

(ii) A declaration that the plaintiffs’ Uwuile family is the rightful family that keeps and maintains the Okan Ama title.